VA3-00426

VA3-00426

On the credible weight of documentary police and court evidence, and given the claimant's extensive criminal record and the equivalence of the Washington State burglary in the 2nd degree to a Canadian offence punishable by up to ten years, there are serious reasons for considering the claimant committed a serious non-political crime; therefore the claimant is excluded from refugee protection under Article 1F(b) and section 98 of the IRPA.

Citation
VA3-00426
Parties
Claimant: XXXXXXXXXXXXXX; Respondent/minister: Canada (Minister); Designated Representative: Ron Yamauchi
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 July 2004
Procedural Posture
Refugee Protection Claim With Exclusion Determination / Hearing and Final Determination on Exclusion Under Article 1 F(b) / Section 98 IRPA
Outcome
Claimant excluded from refugee protection under Article 1F(b) of the UN Convention and section 98 of the IRPA.
Legal Topics
Exclusion, Article 1 F(b), Serious Non Political Crime, Burglary, Credibility, Internal Flight Alternative, Previous Claim, Article 1 E, IRPA S.98, Inadmissibility S.36
Source Language
English
Immigration Refugee Law International Law Criminal Law Exclusion Article 1 F(b) Serious Non Political Crime Burglary +6 more

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Parties

XXXXXXXXXXXXXX

Claimant

Canada (Minister)

Respondent/minister

Ron Yamauchi

Designated Representative

Procedural Posture

Refugee Protection Claim With Exclusion Determination / Hearing and Final Determination on Exclusion Under Article 1 F(b) / Section 98 IRPA

Legal Issues

  1. 1 personal identity and religion
  2. 2 credibility of claimant
  3. 3 objective basis and change of circumstances

Ratio Decidendi

On the credible weight of documentary police and court evidence, and given the claimant's extensive criminal record and the equivalence of the Washington State burglary in the 2nd degree to a Canadian offence punishable by up to ten years, there are serious reasons for considering the claimant committed a serious non-political crime; therefore the claimant is excluded from refugee protection under Article 1F(b) and section 98 of the IRPA.

Court Disposition

Claimant excluded from refugee protection under Article 1F(b) of the UN Convention and section 98 of the IRPA.

Orders

  • Claimant is excluded from refugee protection under Article 1F(b) and section 98 IRPA.
  • Jurisdiction shifts to the Minister for removal processing and any pre-removal risk assessment (PRRA).